Can Keeping Guns Affect Your Child Custody Rights in Maryland?
The Second Amendment protects every American’s “right to keep and bear arms.” And while Maryland has somewhat more restrictive gun laws than other states, generally any law-abiding person over the age of 21 can obtain a license to purchase, own, and carry a handgun. That said, a police officer or family member can ask a court to restrict a person’s firearms access if they are deemed a threat to themselves or others.
Maryland Father Awarded Sole Custody of Children Due to Mother’s “Paranoia,” Brandishing of Guns
How a person keeps and uses guns, even those that are licensed and legally obtained, can also impact how a Maryland court decides a child custody dispute. This arose in a recent decision from the Appellate Court of Maryland, Burgess v. Burgess, which upheld a trial judge’s decision to award sole physical and legal custody of two minor children to their father. A key factor in the court’s decision was the mother’s use of guns.
For background, the parents married in 2011 and separated in 2023, at which time the father filed for divorce. At a two-day trial, the court heard evidence that the mother “pointed a rifle” at the father while he was picking up one of the children for a visit. A court-appointed custody evaluator told the judge that “Mother will use her firearms against father if she feels threatened to him,” and that she had refused to turn over her guns even though the father filed for a protective order.
The mother claimed she was the victim of domestic abuse at the hands of the father. In support of her claims, she presented several photographs to the court that allegedly showed bruises she suffered during “domestic violence disputes.” The judge ultimately determined these photos were not credible. To the contrary, the court credited other evidence indicating the mother actually suffered from “from a mental condition that has elements of paranoia.” And given her access to guns and her repeated threats to use them against the husband in the children’s presence, the judge had “tremendous concerns about the safety of [the children,” which in turn informed the court’s decision to award the father sole custody while granting the mother only limited, supervised visitation rights.
The Appellate Court concurred that the trial judge’s findings “regarding Mother’s handling of firearms” and her paranoia were supported by substantial evidence and it was therefore “not unreasonable” to limit her access to her children under these circumstances.
Contact a La Plata Child Custody Lawyer Today
While parents have certain constitutional and legal rights, including the right to responsibly own and use firearms, a court’s job in resolving a custody dispute is to determine what is ultimately in the best interests of the children. Our La Plata child custody lawyer can assist you in making your case that you have your children’s best interests in mind. Contact Fanning Law today at 301-934-3620 to schedule a consultation. We serve clients in LaPlata, Waldorf, and Lexington Park.
Source:
scholar.google.com/scholar_case?case=7657108703687818381
